Emerhor challenges Delta tribunal verdict

O’tega Emerhor, candidate of the All Progressives (APC) in the April 11 election in Delta state, has filed a petition at the appeal court in the Benin, challenging the judgment of the state tribunal.

The tribunal upheld the victory of Ifeanyi Okowa, governor of the state and dismissed the petition of Emerhor and his party.

In the case with suit number CA/B/EPT / 2015, Emerhor through TJ Okpoko, his counsel, established 11 grounds of dissatisfaction with the judgment of the tribunal.

“Take notice that the appellants, being dissatisfied with the decision of the Governorship Election Tribunal sitting at Asaba, Delta State contained in judgment delivered on 26th day of October,  2015 do hereby appeal to the Court of Appeal,  Benin City upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4,” part of the appeal read.

“That the learned justices erred in law in resolving against the appellants that the petition was incompetent on the ground of non-compliance with the procedural rule in paragraph 4 (3)(b) of the 1st schedule to the electoral act 2010 (as amended ).

“That the Learned Justices misdirected themselves in law in holding that the petitioners have not been able to displace the presumption that the figure of the voters accredited for the governorship election conducted in Delta state on April 11 2015 are stated in the election results declared by INEC are less than the total number of votes returned in the election.

“That the learned justices erred in law when having held that every voter that voted during the Governorship election must have been processed through the card reader went on to hold that the Petitioners have not been able to prove that the governorship election held in Delta state on April 11 2015 was not held in substantial compliance with the provisions of the electoral act.

“That the learned justices misdirected themselves in law when they said that, there was no conclusive evidence that all those that were accredited through the use of card readers had their data uploaded to the server where the data used by the petitioners were downloaded.”